Split CCJ Saga - Bryan Carter -> Nationwide -> FOS -> Written Off

[missfriendly]

I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now.

 

The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it.

 

Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then?

 

1. Can they still chase me privately?

2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?)

 

Any help / advice appreciaed, thank you!

[missfriendly]

Brian Carter CCJ'd me for a small percentage of a debt I owed in 2008 - (£400 on an £8,000 debt).

 

I have now settled the CCJ portion of the debt, and they will be writing to me to arrange a payment schedule for the outstanding amount which wasn't included on the judgement.

 

Now the judgement is settled, do I have any legal obligation to continue to pay the outstanding amount?

 

I know I have a moral obligation, but if I start paying off the amount above and beyond the CCJ, do I then become liable for the outstanding amount of the debt?

 

I have read other similar threads, but I'd rather 'nip this in the bud' now instead of waiting for them to try and CCJ again for the same debt. Any help much appreciated!

[postggj]

you cannot bring a cause of action on the same debt

 

this is a con that he uses to get his costs first

 

he can go and whistle for the balance now you settled the CCJ

[missfriendly]

Thanks Postggj - I just replied, but my reply seems to have been swallowed by the hungry internet hamster. Drafting a letter to send now when they send through the form for new payment arrangements, will post here when I'm done!

[postggj]

let me know what you have written before you send it as you will need some reference to CPR in the letter ref the County court Act

 

DO YOU STILL HAVE THE PARTICULARS OF CLAIM ON THAT £400 DEBT

 

lets confirm things first before we reply to carter

[missfriendly]

Hi again! I have the CCJ number, date of judgement and amount, and I know who their client is (the guys I owe the money to!).

 

This is what I have written so far

 

"Thank you for the Certificate of Satisfaction for (CCJ CASE NUMBER) on account (THEIR ACCOUNT NUMBER).

 

After seeking advice, I have learned that any outstanding debt is no longer enforceable by yourselves, as you cannot bring more than one claim for the same course of action. I have paid the amount stipulated by the court, and - as far as I am aware - for all legal intents and purposes, this matter is now settled.

 

Given this situation, which prevents you from taking legal action to persue any outstanding amount, and my inability to pay due to my personal circumstances, I am wondering if you could request that your client closes this matter and writes off any remainder on the account. I feel this solution would save a lot of time and effort on both parts.

 

Many thanks for your consideration...

 

Me, etc"

 

Should I add more legal stuff in there, do you think, or go with this for an opening gambit? Really appreciate your help!

[BRIGADIER2JCS]

No forget the 'legal stuff' you have stated the fact and produced the certificate, there is no argument that you are in the right, well done.

[BRIGADIER2JCS]

Excellent, that's all that is needed forget the 'legal stuff' it's not needed!!

[postggj]

It is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims, did you manage to get the particulars of claim on the £400 CCJ ???

 

If carter has not contacted you requesting payment on the balance, why are you grabbing the bull by the tail. Just wait for his letter before action before you do anything

[missfriendly]

Hi! You may remember me from such unpopular threads as

 

Bryan Carter - I Predict a Split CCJ

 

• I paid the CCJ in full that Bryan Carter issued for me in January 2008 shortly after posting that.
   
  
• In June 2014 Nationwide started chasing me for the remainder of the debt.
   
  
• In July 2014 Nationwide passed the debt to a debt collection agency.
   
  
• At the end of November 2014, I complained to the FOS about Nationwide's handling of the case saying the debt was unenforcable.
   
  
• Nationwide backed down, wrote off the debt, and offered me £100 in compensation.
  

 

NOW - this sounds good yes? I should be all

 

The thing is, the way the FOS response is worded:

 

Nationwide has explained that due to the passage of time, it is unable to evidence that it

was made clear to you that you would be liable for the outstanding debt. It says that “In line

with policy agreed at the time proceedings were issued for part of the debt only.”

 

So for other people with a split CCJ be very careful. I've written back and asked my comments to be forwarded to Nationwide & Bryan Carter, but it's not like they'll listen to me.

 

I wish they had acknowledged that once a CCJ has been issued and settled, any remainder of the debt becomes legally unenforceable, though, if only to save other customers. You can’t have two CCJs for one debt, and you can’t attach ‘conditions’ to a CCJ (“after 7 years have passed we’ll come back and chase you for the same debt again!”) – otherwise a debt would never die.

 

Frustrating that they’ve worded it how they have. CCJ replaces the original CCA in full, so even if they did allegedly ‘tell me’ I was liable, they’d not be able to do a thing if I challenged it legally (which thankfully you saved me from doing!). How come I know more about the law regarding this than they do..?

 

Really though, how come I know more about the law regarding this than they do..? Probably thanks to this forum!

[Andyorch]

Anyone who is faced with a split claim simply needs to respond as follows in their defence...

 

" Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action."

 

Fortunately it seems to be a practice that is less adopted now...in particularly by Mr C.

 

Regards

 

Andy

[missfriendly]

Yeah, I did that Andy - Nationwide still continued to chase me after I sent them the letter.

 

You have already issued a CCJ for this debt , and the CCJ is now settled. As you know, you cannot go to court twice for the same debt: “It is an offence under section 35 of the County Courts Act to bring more than one claim for the same cause of action” – therefore this debt is not enforceable.

 

Anyone in this situation needs to stick FIRMLY to their guns.